Scotty - my bike was upright as I always do the oil change on the Lift. It is clamped by the front wheel, so there still is some forward rake to it.
So if you got 3.5 litres total, and the manual says it should be 2.6 litres, it would seem that yours is always carrying some oil in the sump (maybe many of them do, doesn't seem likely though), it is overfilled compared to what Harley says (also not likely since I know you know how to check the oil between changes) or the manual is just plain wrong (not hard to believe)
I wonder if someone with a 2012 manual and or service book can check to see what the capacity says, in case it was a mistake and they caught it and updated the info.
Seems a bit of a mystery.